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PEOPLE v. PRATTON

Docket Nos. 30476, 30477.

79 Mich. App. 770 (1977)

263 N.W.2d 15

PEOPLE v. PRATTON PEOPLE v. THOMPSON

Michigan Court of Appeals.

Decided November 14, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Walter J. Piszczatowski, Assistant Prosecuting Attorney, for the people.

Leonard Townsend, for defendants.

Before: D.E. HOLBROOK, P.J., and N.J. KAUFMAN and J.E. McDONALD, JJ.

PER CURIAM.

Defendants were convicted by a jury of armed robbery, contrary to MCLA 750.529; MSA 28.797, and sentenced to a term of from 3-1/2 to 20 years imprisonment. They appeal as of right.

Defendants contend that the trial court erred by denying their motion to dismiss based on the prosecutor's failure to produce a res gestae witness. We find that the trial court erred in submitting the issue of due diligence to the jury because as a matter of law it could...

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